Publications

Section Newsletter Articles on Health Care Law

Recovering the value of “free” caretaking by an adult’s parents By Dennis M. Lynch Tort Law, March 2010 A tortfeasor cannot seek to shirk responsibility for caretaking services because the caretaking was provided by the adult’s parents, and not by some third party.
Tort immunity in medical malpractice cases By Thomas Q. Keefe, III and Thomas Q. Keefe, Jr. Tort Law, February 2010 Public entities and public employees are immune from allegations of failure to diagnose and misdiagnosis, as well as allegations of failure to perform adequate exams (but not for improper treatment after diagnosis).
All the latest developments in health care law By W. Eugene Basanta Health Care Law, September 2009 Recent cases of interest to health care practitioners.
Shortcomings in FDA’s premarket review, postmarket surveillance, and inspections of device manufacturing establishments Health Care Law, September 2009 In 2009, GAO added FDA’s oversight of medical products, including devices, to its list of high-risk areas warranting attention by Congress and the executive branch.
All the latest developments in health care law By W. Eugene Basanta and Brittany Ledbetter Health Care Law, June 2009 Recent cases of interest to health care practitioners.
Medicare: Improvements needed to address improper payments in home health Health Care Law, June 2009 Concerns have been raised that improper payments from practices indicating fraud and abuse may have contributed to Medicare home health spending and utilization.
The progeny of Arthur v. Catour By James K. Theisen Tort Law, May 2009 How much can a plaintiff be awarded for medical bills if the plaintiff’s health insurance pays the medical bills at a discounted rate? Should the plaintiff receive an award for the full amount or just the discounted amount? How much can a plaintiff be awarded for medical expenses provided free of charge? These questions are answered by the collateral source rule.
All the latest developments in health care law By W. Eugene Basanta and Brittany Ledbetter Health Care Law, March 2009 Recent cases of interest to health care practitioners.
Changing landscape of physician-industry relationships: A trend toward transparency By Fatema Zanzi Health Care Law, March 2009 During the past year, there has been a frenzy of activity responding to the specific demand for transparency in relationships between physicians and industry groups, which are believed to contribute to the exorbitant cost of healthcare.
Patient Advocacy: A new benefit to aid in healthcare navigation By Laura L. Pautz Employee Benefits, March 2009 It does not take a specialty in employee benefits to realize the healthcare system can be difficult to navigate. A new profession known as health advocacy is forming to aid the population and to advocate access to healthcare.
Review of Critical: What We Can Do About The Health-Care Crisis by Tom Daschle By Mark J. Warshawsky Employee Benefits, March 2009 In his book, Critical, published in 2008, Tom Daschle, former Senate majority leader, describes his views on the problems of the U.S. health care system and how they can be fixed.
Mental retardation: Mitigating or aggravating factor in sentencing? By Thomas A. Bruno Human Rights, January 2009 The Illinois Supreme Court has ruled on the proper application of mental retardation as a mitigating or aggravating factor in sentencing in People v. Heider, Docket No. 103859, decided May, 2008.
All the latest developments in health care law By W. Eugene Basanta and Brittany Ledbetter Health Care Law, December 2008 Illinois law has long-recognized that a liability insurer, including a medical malpractice insurer, which fails, when given the opportunity, to settle a claim against an insured party within policy limits, may be held liable in tort for failing to do so.
Do the FTC Red Flag Rules apply to you? What every healthcare entity should know about the new requirements to prevent identity theft By H. Carol Saul and Alicia Hayes Sable Health Care Law, December 2008 Security breaches at hospitals and other healthcare entities are occurring with alarming frequency, as evidenced by the nearly daily news stories covering this critical issue.
Labeling for human drug products now requires toll-free number for reporting adverse events Intellectual Property, December 2008 Final Rule: Toll-Free Number for Reporting Adverse Events on Labeling for Human Drug Products Federal Register: October 28, 2008 (Volume 73, Number 209) Page 63886-63897 AGENCY: Food and Drug Administration, HHS.
Comparison of a Healthcare Flexible Spending Account to a Health Savings Account By Bernard G. Peter Corporate Law Departments, October 2008 A Healthcare Flexible Spending Account (HCFSA) is a tax-favored program that allows employees to pay for eligible out-of-pocket healthcare expenses.
All the latest developments in health care law By W. Eugene Basanta and Brittany Ledbetter Health Care Law, September 2008 Most health care lawyers are generally familiar with the preemption provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq.
OIG Advisory Opinion concerning a proposal for a gift card for patients whose service expectations were not met Health Care Law, September 2008 [Name redacted] (the “Requestor”) is an integrated health delivery system located in [state redacted].
Prescription drugs—FDA’s oversight of the promotion of drugs for off-label uses Health Care Law, September 2008 [On July 28, 2008, the Government Accountability Office (GAO) issued a report, “Prescription Drugs: FDA's Oversight of the Promotion of Drugs for Off-Label Uses,” GAO-08-835. A summary of this report is provided below].
All the latest developments in health care law By W. Eugene Basanta, Laura K. Johnson, and Andrew Roszak Health Care Law, June 2008 The Seventh Circuit Court of Appeals denied a petition for review and granted judicial enforcement of an order by the National Labor Relations Board against the petitioner, a hospital corporation.
Health-care associated infections in hospitals Health Care Law, June 2008 Editor’s Note: Health care quality is an area of increasing concern for hospitals and other providers. Beginning October 1, Medicare will not pay hospitals for certain events that are the result of avoidable mistakes. Included among such events are various infections and pressure ulcers.
Should the FDA’s approval of medical devices preempt state court products liability suits? By John J. Holevas Federal Civil Practice, June 2008 Article VI, Clause 2 of the United States Constitution, commonly known as the Supremacy Clause, establishes the Constitution, federal statutes, and U.S. Treaties as “the Supreme Law of the Land.”
The Written Notice Requirement of the Health Care Services Lien Act By Michael Kaczmarek and Barry L. Gordon Tort Law, May 2008 The Health Care Services Lien Act, 770 ILCS 23/10 et. seq., became effective July 1, 2003.
All the latest developments in health care law By W. Eugene Basanta, Laura K. Johnson, and Andrew Roszak Health Care Law, March 2008 Recent cases of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta and Andrew Roszak Health Care Law, December 2007 In a diversity suit, the federal court was asked to consider whether a physician’s coverage under a “claims made” malpractice insurance policy was negated because he had not disclosed a potential claim at the time of the application for the insurance.
Convenient care clinics in Illinois: The legal landscape By Andrés J. Gallegos Health Care Law, December 2007 Convenient care clinics (known as “retail health clinics”) are highly affordable and accessible health clinics that offer general medical services to the public on an ongoing basis.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, and Michael Sinha Health Care Law, September 2007 Recent cases of interest to health care practitioners.
HHS Launches New Web site on HIPAA Privacy Compliance and Enforcement Government Lawyers, September 2007 To coincide with the fourth anniversary of the enforcement of the HIPAA Privacy Rule, the Department of Health and Human Services (HHS) announced the launch of an enhanced Web site that will make it easier for consumers, health care providers and others to get information about how the Department enforces health information privacy rights and standards.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, and Michael Sinha Health Care Law, June 2007 A Wisconsin pharmacist, who had been fired from a retail pharmacy, brought suit alleging that his termination violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Specifically he claimed that he had been let go due to his religious-based refusal to have any form of interaction, no matter how slight, with anyone seeking birth control.
Bagent v. Blessing Care Corporation: How to avoid a hospital’s potential liability for wrongful disclosure of confidential patient information by an employee By Michael F. Dahlen Health Care Law, June 2007 In its recent decision in Bagent v. Blessing Care Corporation, the Illinois Supreme Court held, in a case of first impression, that a hospital was not vicariously liable for the wrongful disclosure of confidential patient medical information by an employee phlebotomist because the disclosure was outside the scope of the employee’s employment.